Civil and Criminal Liability
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Transcript of Civil and Criminal Liability
CIVIL & CRIMINAL LIABILITY Legal Issues:Dr.
Mears
YOU HAVE A DUTY
To not deliberately harm othersTo use reasonable and ordinary care in your activitiesTo not violate the rights of others
2
PERFORMANCE OBJECTIVES
Explain what is meant by the term: “reasonable and ordinary care”Identify what rights are protected under 42 United States Code, Section 1983Explain what is meant by the phrase: “deliberate indifference”Describe the 3 types of damages awarded in lawsuits
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TORT SUITS
A claim that one party has suffered injury because of the failure of a duty owed to them by anotherMonetary damages usually sought
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REASONABLE AND ORDINARY CARE
…means using the same care and accepted methods that a reasonable person would use
in the same circumstances
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• Assault• Battery• Defamation• False Imprisonment• Causing Emotional Distress
These involve deliberate actions6
INTENTIONAL TORTS
Allegation that one party (usually the government) has
violated the constitutional rights of another party and
seek an end to such violations7
CIVIL RIGHTS ACTIONS
“UNITED STATES CODE, Vol. 42, SECTION 1983”
Every person, who under color of any statute, ordinance, regulation, custom, or usage of any state or territory, subjects or causes to be subject, any citizen of the United States or any other person within jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for address.
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“DELIBERATE INDIFFERENCE”
Deliberate Indifference is the intentional or deliberate
disregard to a situation where the civil rights of another are at
risk of being violated9
LEGAL REPRESENTATION
The Department of Correction shall
ensure that staff are given
full and complete
access to legal counsel as
provided by statute
10
GOOD FAITH…
Absence of fraud Absence of deceit Absence of intentional misconductAbsence of personal, criminal, or evil intent
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NOMINAL [token amount ($1.00), violation occurred, no damage] COMPENSATORY [compensate actual loss]
PUNITIVE [person acted with intentional misconduct or willful disregard for consequences of his/her actions or inactions]
12
DAMAGES
CRIMINAL LIABILITY
Your volunteering with the Department of Correction will not insulate you from prosecution for criminal actsThe Attorney General cannot represent you if you are charged with a criminal act
13
WAYS TO AVOID LIABILITY
Follow written and verbal instructions carefully
When in doubt seek clarificationReview rules, procedures regularlyBe sure you know what is expected of you
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WAYS TO AVOID LIABILITY
Maintain good records Report all unusual occurrences and document your reporting of these Take prompt corrective action if a policy and procedure is violated or ignoredRequest written order from supervisor when
verbal is contrary to rules or laws
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